Judge to Charlottesville: You Can Put a Statue Up, but You Can't Take It Down
A judge has ruled that the town's Confederate monuments must stay.
Law & Government
N.M. Abolishes Marital Communication Privilege, Based in Large Part on Feminist Arguments
New Mexico will apparently now be the only state in which spouses may generally testify about confidential statements made during the marriage.
A Federal Judge Says Anheuser-Busch Can't Advertise MillerCoors' Use of Corn Syrup
This is bending the Lanham Act until it nearly breaks
The Second and Sixth Amendments
If a state criminal conviction leads to denial of gun rights under state law (not just federal law), the defendant must be given the option of a jury trial, rules the Nevada Supreme Court.
Kamala Harris Does Not Understand Why the Constitution Should Get in the Way of Her Gun Control Agenda
The presidential contender conspicuously fails to explain the legal basis for her plan to impose new restrictions by executive fiat.
There's Only 1 Democrat Talking About the Constitution, and It's (Shudder) Joe Biden
The Democratic presidential field is not interested in your puny restraints on the executive branch.
Teaching Trump
Hopefully the White House can refrain from creating any new constitutional conundrums for a semester.
Lobbyists Trying To Revive Ex-Im Bank's Zombie Corpse for 10 More Years
A lobbying effort aimed at unleashing more cronyism launches while a new report demonstrates why the bank should be permanently shuttered.
Here Is What the 2020 Candidates Say About the President's Power to Wage War Without Congressional Approval
The strongest critics of unilateral decisions to attack other countries include Tulsi Gabbard and Bernie Sanders, while Joe Biden thinks anything goes.
The Pentagon Budget Battle Is a Distraction
An ever-growing military budget is yet another illustration of the GOP's abandonment of small-government principles. And Democrats aren't any better.
It's Not a Mystery Why America's Biggest Cities Are Losing Population
Chicago, Los Angeles, and New York City all have some easily identifiable management problems.
The Department of Homeland Security Is a Mess of Misconduct and Ineptitude
Longstanding discipline problems at DHS provide a glimpse of what fans of bigger government on the right and left would inflict on us.
Another Multiracial Family Falsely Accused of Sex Trafficking While Flying
Plus: Juul targeted for smoking cessation claims, federal budget deficit tops $1 trillion, and more...
Creeping a Little Faster Toward Impeachment
The impeachment effort starts to gain momentum.
Boston Judge Smacked Down for Overruling D.A. Who Tried To Drop 'Straight Pride' Protest Charges
Top justice rules that trying to push a criminal case forward over prosecutors’ objections is a violation of separation of powers.
Antonin Scalia's Surprising Role in the Latest Supreme Court Fight Over Legal Protections for Gays
Understanding what’s at stake in Bostock v. Clayton County, Georgia
Lawsuit: Savage Beating by Guards at Florida Women's Prison Leaves Inmate Paralyzed
Cheryl Weimar, 51, is now a quadriplegic after what a lawsuit describes as a "malicious and sadistic beating" by Florida prison guards.
Rand Paul Says Feds Blew Millions Supporting Tunisian Political Parties, Subsidizing Pakistani Films, and More
No single spending item is going to solve America's $22 trillion national debt, but every little bit of wasteful spending makes the tough problems more difficult to solve.
Stossel: Lessons From Africa
Entrepreneur Magatte Wade explains how regulations are keeping Africa poor.
Republicans Choose Trumpism Over Property Rights and the Rule of Law
Trump is just who he said he'd be four years ago. By rallying around him, Republicans are choosing to brand themselves in his image.
Federal Court Rules State Judges Cannot Profit From Fines and Fees Imposed on Defendants in the Cases Before Them
If the court that hears the cases stands to profit from the fines paid by defendants, that's a violation of the Due Process Clause of the Constitution. The rulings have potential implications for other, similar conflicts of interest in the criminal justice system.
Congress Must Roll Back Trump's Tariff Authority
Sen. Chuck Grassley and the Senate Finance Committee will debate two bills this fall aimed at restricting presidential authority to impose tariffs without congressional approval.
California Might Resurrect Redevelopment Agencies That Were Wasteful Exercises in Corporate Welfare
Milton Friedman famously observed that "nothing is so permanent as a temporary government program." The rare demise of a government program, it seems, is temporary too.
The Price of an Erratic President
Even if Trump doesn’t follow through on his bad ideas, the uncertainty is still a drag.
Judge Don Willett Butts Heads With Fellow Trump Appointees Over Qualified Immunity for Cops
“Modern immunity practice—essentially 'heads government wins, tails plaintiffs lose'—leaves many victims violated but not vindicated."
Advice to Entering Law Students - Revisited
As law students begin classes over the next few weeks, here are some points I hope they will keep in mind that can help make better use of their time in law school - and beyond (reposted from my 2018 post on this subject).
Crime Victim Kills Attacker -- Are the Other Attackers Guilty of Murder?
Yes, in many states, under the "proximate cause" theory of "felony murder."
Another Federal Court Allows Warrantless Cellphone Searches at U.S. Border
It’s time for SCOTUS to revisit the "border search exception" to the Fourth Amendment.
Is YouTube Discriminating Against Both Conservatives and LGBT Videos? Two Lawsuits Say Yes.
Trying to get the government involved in what sort of videos online platforms promote or hide is going to end badly.
Curt Schilling Blew $75 Million in Public Funds Making Bad Video Games. Naturally, He Thinks He Should Be in Congress.
Schilling and Trump are alike in attacking immigrants for costing money, while seeking out business subsidies.
Lindsey Graham's Dishonest Defense of 'Red Flag' Laws
"The Second Amendment is not a suicide pact," the senator says, while glossing over the due process issues raised by gun confiscation orders.
If You Oppose Punishing and Deporting Undocumented Workers, You Should Also Oppose Punishing Employers that Hire Them
Punishing employers is unjust for many of the same reasons as punishing the workers. And doing so harms the workers, too.
Illinois Is the Canary in the Pension Coal Mine, Says Adam Schuster
Mike Riggs talks with Illinois Policy Institute's Adam Schuster about how to fix the state's pension debt crisis.
Aaron Sandusky Has Spent 7 Years in Prison for Selling Medical Marijuana
Obama denied him clemency. Will Trump set him free?
Trump Mulls Commutation for Disgraced Former Illinois Gov. Rod Blagojevich
While the president's mercy might be self-serving, it's not necessarily wrong.
6 Terrible New Tech Bills in Congress
While expressing concern for free speech and privacy, lawmakers are seriously threatening both.
Gun Control Cases to Watch at the Supreme Court
What’s next for the Second Amendment at SCOTUS?
How Faint Bruises on Baby Ava Nearly Destroyed Her Family
Proposed federal legislation would move overstressed child protection systems in the wrong direction.
The Republican Party's Retirement Problem
Trump makes life miserable for GOP lawmakers—and party leadership only makes it worse.
Selling Drugs to Sex Workers Could Be Human Trafficking Under the Senate's New 'PROTECT Act'
The bipartisan bill says "using drugs or illegal substances to cause a person to engage in a commercial sex act" or in any kind of labor counts as human trafficking.
Can We Make Congress Legislate Again?
Tools exist to modify the incentives for legislative action, and Congress could deploy some of those tools itself to encourage more regular reauthorization and modernization of federal regulatory programs.
This Steelmaker Looked Like a Winner in the Trade War. Now It's Suing the Commerce Department Over Tariffs.
Protectionism fails, even for those who were supposed to benefit.
Don't Believe the Hype: Sales Tax Holidays Are Usually a Ripoff
A weekend where a few items are free of sales taxes is a poor substitute for permanent reforms.
There's No Such Thing as 'Free Money' or Meaningless Deficits
As debt soars, federal payments to service the debt will crowd out the government's core spending responsibilities.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Gundy and the Future of Delegation
Will the courts ever be willing to curb excessive delegation? If not, could Congress learn to constrain itself?
